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Opinions June 30, 2014

June 30, 2014
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Indiana Supreme Court
The following opinions were issued Friday after IL deadline.

Keion Gaddie v. State of Indiana
49S02-1312-CR-789.
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, holding that I.C. 35-44.1-3-1(a)(3), the statute defining the offense of resisting law enforcement by fleeing after being ordered to stop, must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause. On that basis, there was insufficient evidence against Gaddie to support the conviction.

Donald Murdock v. State of Indiana
48S02-1406-CR-415
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement, holding the evidence and reasonable inferences established Murdock knowingly or intentionally fled from a law enforcement officer’s order to stop that was based on reasonable suspicion of criminal activity.

Dexter Berry v. State of Indiana
49S04-1406-CR-416
Criminal. Reverses and remands with instructions to accept or reject the plea agreement as written. Rules that the court lacked the authority under terms of the plea agreement to impose on the defendant one year of work release as a condition of probation following his 10-year sentence. The trial court was allowed to order probation after the defendant served his sentence but it could not impose punitive conditions like restrictive placement.

Tin Thang v. State of Indiana
49S04-1402-CR-72
Criminal. Affirms conviction of Class B misdemeanor public intoxication. Finds based on the evidence the trial court could conclude beyond a reasonable doubt that the defendant had been intoxicated in a public place while endangering the life of himself or others. Justices David and Rucker dissent.
   
June 30
Indiana Court of Appeals

Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wife
60A01-1312-PL-518
Civil plenary. Affirms trial court denial of motion to correct error in judgment in favor of defendants, holding that Dennis Samples had not proven the court erred in finding the expansion of a dam on neighboring property encroached on his land or was a nuisance.

Anissa L. Tyler v. State of Indiana (NFP)
48A04-1309-PC-428
Post conviction. Reverses denial of post-conviction relief; vacates convictions of murder and Class A felony aiding, inducing or causing robbery; and remands for retrial, finding the court erred in determining that Tyler received effective assistance of counsel.

Doaa I. Ebrahim v. Essam Otefi (NFP)
76A03-1309-DR-368
Domestic. Affirms denial of Ebrahim’s motion for relief from judgment from the trial court’s dissolution of marriage decree.

Darcel Edwards v. State of Indiana (NFP)
49A04-1311-CR-578
Criminal. Affirms placement split between Department of Correction and work release on an eight-year sentence for conviction of Class B felony dealing in cocaine.

Cheryl Rodriguez v. Sourthern Dunes Golf, LLC (NFP)
49A02-1307-PL-639
Civil plenary. Affirms judgment in favor of Southern Dunes.

Bernard A. Burrell v. State of Indiana (NFP)
45A03-1311-CR-431
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing cocaine.

Katherine Fraze v. Floyd County Health Department, and City of New Albany and Animal Control (NFP)
22A04-1402-CC-62
Collection. Affirms trial court denial of motion to correct error in favor of the city limiting the number of dogs Fraze could keep on her property.
 
Anthony Ray Willoughby v. State of Indiana (NFP)
49A04-1307-PC-375
Post conviction. Affirms denial of post-conviction relief.
 
In re: The Visitation of W.G.R. (Minor Child) M.W.R., Father v. K.G. and D.G., Maternal Grandparents (NFP)
78A01-1312-MI-540
Miscellaneous. Remands order for grandparent visitation for findings of fact and conclusions of law.
 
Chad Thomas Gates v. Shannon Leigh Gates (NFP)
83A05-1401-DR-26
Domestic. Affirms trial court denial of father’s petition to modify custody.
 
Ralph Dennis Gabriel, Jr. v. State of Indiana (NFP)
45A04-1311-CR-585
Criminal. Affirms 14-year sentence for conviction of Class B felony burglary.

Robert Birk v. State of Indiana (NFP)
49A02-1310-CR-897
Criminal. Affirms convictions of Class D felony possession of a narcotic drug and Class A misdemeanor driving while suspended.
 
James Pello v. State of Indiana (NFP)
20A03-1312-PC-488
Post conviction. Affirms denial of post-conviction relief.
 
Walter L. Logan v. State of Indiana (NFP)
34A04-1311-CR-581
Criminal. Affirms 28-year aggregate sentence of Class C felony reckless homicide and Class B felony possession of cocaine.
 
Tyrone R. McGee v. State of Indiana (NFP)
15A05-1311-CR-575
Criminal. Affirms revocation of probation.
 
Stephan Gallagher v. State of Indiana (NFP)
15A05-1301-PC-12
Post conviction. Affirms denial of post-conviction relief.
 
Brandon Scroggin v. State of Indiana (NFP)
64A04-1306-CR-312
Criminal. Dismisses as untimely Scroggin’s appeal of convictions of Class C felony receiving stolen auto parts, Class D felony counts of arson and intimidation, and Class A misdemeanor criminal mischief.

Diamond Staples v. State of Indiana (NFP)
48A04-1403-CR-118
Criminal. Affirms revocation of probation.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. 7th Circuit Court of Appeals issued no Indiana opnions by IL deadline.
 

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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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